Court of Appeal Revisits “Unduly Harsh” Test – EIN Blog

Posted December 14th, 2021 in appeals, deportation, families, human rights, news by tracey

‘In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly be met, referencing the leading decisions in KO (Nigeria) and HA (Iraq).’

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EIN Blog, 13th December 2021

Source: www.ein.org.uk

Judicial decision-making: case studies from Biblical times and now: The Rt Hon. Lady Rose of Colmworth DBE – Supreme Court

Posted December 14th, 2021 in human rights, Judaism, judiciary, lectures, reporting restrictions, trusts, wills by tracey

‘Judicial decision-making: case studies from Biblical times and now – The Rt Hon Lady Rose of Colmworth DBE”

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Supreme Court, 1st December 2021

Source: www.supremecourt.uk

Raab to claim overhaul of human rights law will counter ‘political correctness’ – The Guardian

Posted December 14th, 2021 in bills, deportation, freedom of expression, human rights, news by tracey

‘Dominic Raab is to outline a sweeping overhaul of human rights law that he claims will counter “wokery and political correctness” and expedite the deportation of foreign criminals.’

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The Guardian, 14th December 2021

Source: www.theguardian.com

Unorthodox Covid Views and Medical Regulation – Richard Smith – UK Human Rights Blog

‘White v General Medical Council [2021] EWHC 3286 (Admin) (03 December 2021). A case in which the High Court reminds the regulator of requirements for imposing curbs on free speech.’

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UK Human Rights Blog, 7th December 2021

Source: ukhumanrightsblog.com

Street preaching and human rights: Overd & Ors – Law & Religion UK

‘In Overd & Ors v The Chief Constable of Avon and Somerset Constabulary [2021] EWHC 3100 (QB), the appellants, Michael Overd, Michael Stockwell Don Karns and Adrian Clark, four evangelical Christians, were arrested at Broadmead shopping centre in Bristol on 6 July 2016 after complaints from members of the public that their street preaching was racist and anti-Islamic and was causing a disturbance. Mr Overd was arrested on suspicion of an offence under s 50 Police Reform Act 2002 and the other three were arrested on suspicion of a racially-aggravated offence under s 5 Public Order Act 1986. They were detained before being released on bail and, ultimately, prosecuted under s 5 of the 1986 Act, but the prosecutions failed.’

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Law & Religion UK, 8th December 2021

Source: lawandreligionuk.com

Court of Appeal rejects claim council infringed right to be protected from modern slavery – Local Government Lawyer

Posted December 9th, 2021 in children, forced labour, human rights, judicial review, local government, news by sally

‘The Court of Appeal has upheld a High Court ruling which found a council did not infringe upon the protections against modern slavery afforded the appellant (H) under Article 4 of the European Convention of Human Rights (ECHR).’

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Local Government Lawyer, 6th December 2021

Source: www.localgovernmentlawyer.co.uk

The Abortion Act 1967 and Down Syndrome: Crowter – Law & Religion UK

Posted December 6th, 2021 in abortion, disabled persons, human rights, news, pregnancy, time limits by sally

‘In R (Crowter & Ors) v Secretary of State for Health and Social Care [2021] EWHC 2536 (Admin), the issue before the Court was the fact that the Abortion Act 1967 differentiates between pregnancies where there is a substantial risk that, if born, a child would be “seriously handicapped” (the terminology used in the Act) and those where it would not. The three claimants – a 25-year-old woman with Down Syndrome who had gained an NVQ qualification level, was employed and had recently married, A, a two-year-old with Down Syndrome who had met all his developmental milestones, and A’s mother [6-8] – challenged the disability ground for abortion in section 1(1)(d) of the Act as contrary to Articles 2 (right to life), 3 (inhuman or degrading treatment) and 8 (private and family life) ECHR.’

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Law & Religion UK, 3rd December 2021

Source: lawandreligionuk.com

Harassment arrest breached journalist’s human rights, ECtHR rules – Law Society’s Gazette

Posted December 2nd, 2021 in freedom of expression, harassment, human rights, news, privacy by sally

‘An arrest on a charge of harassment violated a British journalist’s right to freedom of expression, the European Court of Human Rights (ECtHR) has ruled in a judgment likely to be contested by the government.’

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Law Society's Gazette, 1st December 2021

Source: www.lawgazette.co.uk

Grace period in a time of Covid – UK Human Rights Blog

Posted December 1st, 2021 in asylum, coronavirus, delay, deportation, detention, housing, human rights, immigration, news by sally

‘In R (Babbage) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the Claimant applied for judicial review, claiming that his immigration detention from 27 February 2020 to 29 April 2021 had been unlawful and/or that there was a public law error relating to the delay in the provision of s.4 accommodation. Soole J gave a potentially significant judgment concerning the ambit of the “grace period” for locating s.4 Immigration and Asylum Act 1999 accommodation, i.e. accommodation provided to failed asylum seekers. The judge also made some apposite comments concerning the requirement for appropriate evidence in unlawful detention claims from the relevant decision maker.’

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UK Human Rights Blog, 30th November 2021

Source: ukhumanrightsblog.com

Department for Work and Pensions Faces Court Case For ‘Human Rights Breach’ – Each Other

Posted November 30th, 2021 in benefits, coronavirus, disabled persons, human rights, judicial review, news by tracey

‘The Department for Work and Pensions (DWP) is facing a court case which alleges a human rights breach that could see the Government ordered to pay £1,560 each to over two million benefits claimants.’

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Each Other, 29th November 2021

Source: eachother.org.uk

Channel deaths: the UK has clear legal responsibilities towards people crossing in small boats – EIN Blog

‘At least 27 people have drowned in the English Channel attempting to cross in a small boat. There were three children, seven women, one of whom was pregnant, and 17 men. Although a joint search and rescue operation was seemingly launched in the narrow maritime area between the UK and France (which is only 20 miles wide), the highly equipped authorities of both coastal states were not able to intervene in time to save the victims. The British government has responded to these deaths by calling on France to take back anyone who attempts the crossing. Speaking in parliament following the tragedy, Home Secretary Priti Patel placed heavy emphasis on the French government’s responsibility for the tragedy, which she said was “not a surprise”.

Regardless of how these people got there, the UK has clear legal responsibilities to anyone who finds themselves in trouble in the Channel. However much French authorities bolster their own efforts, the UK is obliged by multiple international conventions to maintain robust search and rescue operations in the area.’

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EIN Blog, 26th November 2021

Source: www.ein.org.uk

Mandatory vaccination for care home workers not unlawful nor in breach of ECHR – UK Human Rights Blog

‘Peters & Anor, R (On the application of) the Secretary of State for Health and Social Care & Anor [2021] EWHC 3182 (Admin), 2 November 2021. This was a renewed application by the claimants for permission to proceed with a judicial review challenge to the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which requires a registered person who runs a regulated activity in a care home to ensure that any person entering the premises has been vaccinated, unless for clinical reasons that person is exempt.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Priti Patel faces three legal challenges over refugee pushback plans – The Guardian

‘Priti Patel is facing three legal challenges over her controversial plans to push back refugees on small boats in the Channel who are trying to reach the UK.’

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The Guardian, 25th November 2021

Source: www.theguardian.com

Detention of a minor for his own protection – round two – UK Human Rights Blog

‘The Court of Appeal has recently upheld the High Court decision that Section 38 of the Police and Criminal Evidence Act 1984 (“PACE”) is not incompatible with Article 5 of the European Convention on Human Rights (“ECHR”) insofar as it purports to authorise the detention of minors for their own protection, in the case of Archer v Commissioner of Police of the Metropolis [2021] EWCA Civ 1662.’

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UK Human Rights Blog, 23rd November 2021

Source: ukhumanrightsblog.com

“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog

‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

Relocating hen harrier chicks to spare grouse for the gun – UK Human Rights Blog

Posted November 22nd, 2021 in appeals, birds, charities, EC law, human rights, hunting, judicial review, licensing, news by tracey

‘RSPB, R (On the application of) v Natural England [2021] EWCA Civ 1637 (9 November 2021). This case was an appeal by the RSPB and Dr Mark Avery, a scientist specialising in nature conservation, against a ruling by the court below that the grant of a licence by the respondent, Natural England (NE), to “take and disturb” hen harriers from the Northern English uplands for scientific, research or educational purposes pursuant to the Wildlife and Countryside Act 1981 Pt I s.16(1)(a) was lawful.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

Supreme Court hears Kurdish flags appeal – Law Society’s Gazette

‘Three men found guilty of carrying a Kurdistan Workers Party (PKK) flag are appealing against their convictions at the Supreme Court, arguing that a ‘strict liability’ offence for carrying the flag of a proscribed organisation is ‘incompatible’ with their right to freedom of expression.’

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Law Society's Gazette, 22nd November 2021

Source: www.lawgazette.co.uk

Nationality and Borders Bill threatens the rights of stateless children – EIN Blog

‘Priti Patel’s Nationality and Borders Bill has been controversial since its announcement to say the least. It has faced criticisms for its extremely harsh treatment of asylum seekers and refugees and its potential contribution to creating a hostile environment for migrants residing within the UK. However, it has now been argued by MP’s that the Bill risks failing to protect stateless children within the country.’

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EIN Blog, 17th November, 2021

Source: www.ein.org.uk

Court of Appeal upholds Universal Credit childcare rules – UK Human Rights Blog

Posted November 16th, 2021 in benefits, children, human rights, news, sex discrimination by sally

‘This is a case about the payment of childcare costs under Universal Credit. Universal Credit claimants can claim an element reimbursing them up to 85% of the costs of childcare while they go to work.’

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UK Human Rights Blog, 15th November 2021

Source: ukhumanrightsblog.com

Are the digital tools we’ve got used to during the pandemic subject to misuse? – Each Other

Posted November 16th, 2021 in computer programs, coronavirus, data protection, equality, human rights, news, privacy by sally

‘At the start of 2020, the urgent need to contain COVID-19 meant that alongside direct medical and clinical strategies, most countries tried to restrict the majority of the population’s movements in some way.’

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Each Other, 16th November 2021

Source: eachother.org.uk